On the weekend of May Day, agents of the AMD, the agency of excise duties, customs and monopolies, sealed the computers and driving simulators present at the eSport Palace in Bergamo and to a still unknown number of clubs throughout Italy that offer the opportunity to play games like Fortnite, League of Legend o Call of Duty using computers and consoles.
The kidnappings started later the complaint of Sergio Milesi, owner of LEDa company specializing in electronic games, billiards, bowling, which has slot rooms as its main activity and which manages the Joyvillage and Luckyville brands.
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The LAN rooms and the content of the exhibit
The phenomenon of eSports bars and LAN rooms (the acronym stands for Local Area Network, the physical connection between computers in the same room to play and disconnected from the Internet) has returned to the fore in recent years, but these places were already present at least twenty years ago, when the Internet was taking its first steps, and are a direct evolution of Internet Cafes. Today they are used as meeting places in which to play their favorite titles, organize tournaments or events and real clubhouses for teams involved in the various leagues. For example, the eSport Palace in Bergamo is also the home of the Atalanta eSport section.
Milesi’s statement, shipped on April 21st, would like to clarify the legislative situation of these spaces, which would make unfair competition to Joyvillage arcades, which should be subject to much more stringent controls and regulations, not to mention the certification of every machinery present. In the exhibit, the stone of the scandal is represented by a driving simulator in which to try out titles such as Assetto Corsa or Gran Turismo, compared with a classic arcade simulator in which you have to put coins: “Such driving simulators are very similar to equipment of the category paragraph 7 – wrote Milesi – that our company, incurring expensive costs, in compliance with the regulations, is obliged to approve through the relevant bodies “.
The accusation then continues by bringing up the gaming stations, arguing that there would be no control over the computers present in the LAN rooms, which could therefore be used for gambling not regulated, even by minors, and it is not clear why games for domestic entertainment are made available for a fee in places open to the public.
On Tuesday, ADM issued a circular inviting the owners of the various eSport bars to ensure that their appliances were “subjected to type approval / certification, equipped with authorizing titles, subject to payment of the Tax on Entertainment (ISI) “. The deadline was Saturday 30 April. Obviously, the impossibility of even organizing the certification in such a short time has led to the total blocking of many activities.
The answer from the eSport world
The response was not long in coming from Alessio Cicolari, owner of AK Informaticathe company that set up the eSport Palace in Bergamo, which in a long video on Instagram explained that not only the company has passed all checks in recent years, but that in particular the accusation of computers as potential gambling machines is unfounded, because those computers are made available to the public to play titles already owned by playerswho enter their credentials to play, and who are placed in a network that blocks any attempt to access potentially risky sites.
In this case, the computer that is used to play would therefore not be comparable to the classic video game, but a relationship more similar to when you rent a soccer field for a game with friends, except that instead of a sports structure, the computing power of high-end computers is exploited. Indeed, there would be guys who, not having this type of machines at home, rent them not to play, but for video editing and photo editing.
According to Cicolari, consequently, the consoles made available for trial in shopping centers and all the computers present in the various fairs in the area would be illegal, but from this point of view there does not seem to be a direct correlation.
The blocking of eSports bars has obviously triggered a jumble of responses from players, fans, event organizers, athletes and characters related to the world of video gameswho lashed out at what is seen as an act born of the inability to manage market changes rather than a gesture born of the fear of unfair competition.
Progress that runs and the law that lags behind
What is certain is that we are faced with the umpteenth situation of sectors linked to the world of technology that change and evolve at such a speed that institutions often struggle to keep up with rules and regulations, especially in a country like Italy, where the video game is still seen as an eccentric and childish pastime, if not harmful, rather than as a job opportunity. This kind of associations often moves with more or less good faith within regulatory gaps linked to associations they are only highlighted when someone suddenly feels threatened. Not to mention the continuous stalling of institutions of all kinds around the esports sector, which are linked to this kind of activity and have struggled for years to find unified associations and reference figures.
In short, the complaint, beyond the ethical considerations that do not fall within the legal ones, puts the finger on a question that is partly also legitimate, which had already been regulated for some time and that instead it was left to continue as it was until someone no longer went well, but in the meantime large sums have been invested, not to mention the two-year detention for the pandemic.
“On the issue of the seizure of equipment and rooms also linked to eSports, I was quite shocked, given that in my opinion there is a big underlying misunderstandingdictated by the lack of knowledge of the sector – commented the lawyer Stefano Sbordoni, consultant of the eSport Committee inside the Coni, speaking with Agimeg – When you approach something highly technological, you have to study and understand very well what it is about. Confusing a sporting activity with a cash-winning gambling activity seems quite borderline to me. Naturally it will be necessary to consult the minutes of the kidnappings, to verify that there has not been any abuse by the managers of the halls. There legislation on eSport eventsincluding the places where it takes place, on which I have expressed myself several times, even publicly, is lacking, but I repeat that these activities have nothing to do with gambling “.
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The Strange Case of Milesi’s Request
While waiting for the situation to be definitively clarified, after the kidnappings a ruling has also arrived (this is how the request for clarification on an unclear rule) also by Milesi. Inside there is the request to understand the feasibility of creating a LAN room in which to make people play sports titles, collectible, strategic or combat cards preloaded or available after entering credentials on the computer, by purchasing the ” access to the playing area for a fixed time. Exactly as it happened in the premises of the competitionthose that have been closed in these days.
In short, the situation is definitely evolving: in a second video, Cicolari said he had started a confrontation with trade associations to join forces and create working and legal groups. There was also a meeting with Senator Simona Pergreffi and Deputy Daniele Belotti, who took action for a parliamentary question and a meeting with ADM. According to the video, the agents they would also put the seals on material for salenot knowing how to distinguish between the computers used in the room and those available in the internal shop.